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Supreme Court Upholds TikTok Ban: How The App Could Survive In The U.S.

The Supreme Court has upheld a new law that could ban TikTok in the U.S. unless its Chinese parent company divests from the very popular video-sharing social media app.

The Supreme Court has upheld a potential U.S. ban on TikTok unless it's sold by Chinese parent company ByteDance.

The Supreme Court has upheld a potential U.S. ban on TikTok unless it's sold by Chinese parent company ByteDance.

Photo Credit: TikTok (left) and Chris Spiker

The justices said the "Protecting Americans from Foreign Adversary Controlled Applications Act" doesn't violate the First Amendment, according to the court's decision on Friday, Jan. 17. The ruling allows for TikTok to potentially be banned in the U.S. as early as Sunday, Jan. 19.

TikTok, which has more than 170 million users in the U.S., has come under scrutiny over fears that ByteDance could allow the Chinese government to exploit user data for spying.

"There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community," the court said in its opinion. "But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary."

Despite arguing the ban would violate free speech, the Supreme Court said the bipartisan law is narrowly tailored to protect national security.

"Whether this law will succeed in achieving its ends, I do not know," Justice Neil Gorsuch wrote in his concurring opinion. "A determined foreign adversary may just seek to replace one lost surveillance application with another. As time passes and threats evolve, less dramatic and more effective solutions may emerge. Even what might happen next to TikTok remains unclear. But the question we face today is not the law’s wisdom, only its constitutionality.

The court's ruling was unsigned and there were no dissenting justices noted.

The Justice Department has defended the ban, arguing that China's government could influence U.S. public opinion by controlling what TikTok users can see, along with collecting sensitive data on millions of Americans. ByteDance has argued that the federal government has no evidence of China manipulating TikTok's content in the U.S. or gathering Americans' personal data.

A Pew Research Center survey in July and August 2024 said about 32 percent of U.S. adults support a TikTok ban. The app has also become a regular news source for about 52 percent of TikTok users, which is equivalent to about 17 percent of U.S. adults, according to Pew.

While it's unclear what exactly will happen when the ban goes into effect, TikTok could eventually become unusable because the law blocks app stores from distributing the app or providing updates, The Hill reported. The app has also considered shutting down entirely if the ban goes into effect.

ByteDance could also agree to divest from TikTok, although a sale doesn't appear imminent. 

Axios reported that some prominent figures who have floated their names as potential buyers include X (formerly Twitter) owner Elon Musk, a group led by billionaire Frank McCourt and "Shark Tank" co-host Kevin O'Leary, and Bobby Kotick, the former CEO of video game company Activision Blizzard.

In a statement, the White House said President Joe Biden won't enforce the TikTok ban during his final 36 hours in office, leaving the app's future in the hands of President-elect Donald Trump, whose second term will begin on Monday, Jan. 20.

"President Biden's position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law," said White House Press Secretary Karine Jean-Pierre. "Given the sheer fact of timing, this administration recognizes that actions to implement the law simply must fall to the next administration."

President-elect Trump previously pushed for a TikTok ban in his first term but has changed his stance on the app. Trump advisers have said he'll pledge to keep TikTok active in the U.S., but no specific details have been given about how he'll achieve that.

TikTok CEO Shou Chew is expected to attend Trump's inauguration, The New York Times reported.

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